Employee dies after becoming trapped in unguarded machine at Derbyshire factory

Story Highlights

– Employee trapped in unguarded machine and died.
– Company fined £277,500 for safety violations.
– Investigation revealed lack of risk assessments conducted.
– No proper machine guarding or safety procedures in place.
– Internal safety department identified issues 18 months prior.

Full Story

A plastics manufacturing company in Derbyshire has been handed a large fine following a tragic workplace accident that resulted in the death of an employee. Reflex Flexible Packaging Ltd has been fined £277,500 for failing to ensure adequate safety measures were in place, leading to a deadly incident involving the unguarded machinery at their facility.

The unfortunate incident involved 46-year-old Paul Whalley, who was working at the company’s site on Amber Drive, Langley Mill. On 29 May 2020, Mr Whalley entered a gap in the machinery that allowed for whole-body access to the operational parts of a plastic conversion machine. This particular area was riddled with unguarded mechanisms, and during the operation, Mr Whalley became trapped in the moving parts of the equipment.

Despite the urgent response from emergency services, who undertook significant efforts—including cutting conveyor belts and rollers to extricate him—Mr Whalley succumbed to injuries caused by crush asphyxia and was pronounced dead at the scene.

An investigation led by the Health and Safety Executive (HSE) revealed serious shortcomings in the safety protocols established by Reflex Flexible Packaging Ltd. It was determined that the company did not conduct a thorough risk assessment for the machine’s operation. Not only had they overlooked the installation of proper guarding to prevent access to hazardous areas, but they also lacked written procedures for safely operating the machinery or isolating its power supply during maintenance.

HSE guidance clearly outlines that employers are obligated to undertake proactive measures to mitigate access to dangerous machinery parts. The typical approach involves the installation of fixed guards, and in scenarios where regular access to a machine’s moving parts is required, interlocked guards that halt machine movement before an operator can reach the danger zone are essential.

Reflex Flexible Packaging Ltd, based in Hamilton Way, Mansfield, Nottinghamshire, admitted to breaching Section 2(1) of the Health and Safety at Work etc. Act 1974. The sentencing took place at Derby Crown Court on 5 November 2025, where the court imposed a fine of £277,500 along with an order for the company to cover an additional £20,000 in legal costs.

Health and Safety Executive Inspector Lee Greatorex commented on the incident, highlighting the preventable nature of Mr Whalley’s death. “This tragic incident could have been easily prevented had a suitable and sufficient risk assessment taken place and the actions identified implemented,” he stated. He further elucidated that the tragedy was exacerbated by the company’s internal health and safety department having identified a lack of risk assessments 18 months prior to the incident, yet no corrective measures were pursued.

Inspector Greatorex added, “This wholly avoidable incident was caused by the failure of Reflex Flexible Packaging Ltd to guard the dangerous parts of the machine Mr Whalley was operating. It was clear that these moving parts were inadequately protected and posed a significant risk of injury. Had the company fitted suitable guarding, this fatality would not have occurred.”

This case was prosecuted by Edward Parton, an Enforcement Lawyer at HSE, alongside Paralegal Officer Rebecca Withell.

The HSE operates as Britain’s principal authority for workplace health and safety, committed to safeguarding people and places and assisting everyone in leading healthier lives. Following this incident, the HSE emphasised the critical importance of maintaining adequate safety standards and following legislative guidelines to prevent such tragedies in the future.

For those in similar sectors, the case serves as a sobering reminder that robust health and safety measures are not optional but essential for the protection of all employees. The repercussions of neglecting such responsibilities extend beyond financial penalties, profoundly impacting families and communities.

For more comprehensive guidance on workplace safety and equipment operation, resources can be accessed through HSE, including their publication on the Safe Use of Work Equipment under the Provision and Use of Work Equipment Regulations 1998 (PUWER).

This tragic event underscores the need for employers to remain vigilant and proactive in creating safe working environments, ensuring that all necessary precautions are taken to safeguard the wellbeing of their workforce.